ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK'S

OFFICE

Jack Lavin, Director

FEB 2 7 2006

Department of Commerce and Economic Opportunity

620

East Adams Street, S-6

STATE

OF ILLINOIS

Springfield, Illinois 62704

Pollution Control Board

Re :

Request for Economic Impact Study for:

Standards and Reuirements for

Portable Well Surveys and for Community Relations Activities Performed in

Conjunction with Agency Notices of Threats from Contamination Under P

.A

.

94-134: New 35 III. Adm. Code 1505 (R06-23)

The Pollution Control Board (Board) has received a rulemaking proposal

from the Illinois Environmental Protection Agency on January 20, 2006

. The

proposal, which is driven by statutory amendments in P .A. 94-314, seeks to add a

new Part to the Board's regulations that sets standards and requirements for potable

water well surveys and for community relations activities, where appropriate, in

response to impacts or threats from contamination

. Under the statutory timeframes

of P .A. 94-314, the Board must adopt final rules in this rulemaking no later than

September 17, 2006, and thus has expects to scheduled the first hearing in late March

or early April 2006.

I am writing to request that you determine whether your Department will

conduct an economic impact study concerning this proposal

.

Since 1998, Section 27 (b) of the Environmental Protection Act has required

the Board to :

1) "request that the Department of Commerce and Economic Opportunity

(formerly the Department of Commerce and Community Affairs) conduct a

study of the economic impact of the proposed rules

. The Department may

within 30 to 45 days of such request produce a study of the economic impact

of the proposed rules

. At a minimum, the economic impact study shall

address a) economic, environmental, and public health benefits that may be

achieved through compliance with the proposed rules, b) the effects of the

proposed rules on employment levels, commercial productivity, the economic

growth of small businesses with 100 or less employees, and the State's

overall economy, and c) the cost per unit of pollution reduced and the

variability of company revenues expected to be used to implement the

proposed rules ; and

---

(2) conduct at least one public hearing on the economic impact of those

rules. At least 20 days before the hearing, the Board shall notify the public of

the hearing and make the economic impact study, or the Department of

Commerce and Economic Opportunity's explanation for not producing an

economic impact study, available to the public . Such public hearing may be

held simultaneously or as a part of any Board hearing considering such new

rules." 415 ILCS 5/27(b) (2004) .

To meet the Board's September 17, 2006 rule adoption deadline, the Board

will need to issue a first notice order no later than April 2006 and a second notice

order no later than June 2006

. The Board expects to schedule the first hearing date

for this rulemaking in late March or early April, and expects to schedule another

soon afterwards . I would greatly appreciate a response from you concerning DCEO's

position on whether it will perform the economic impact study as soon

as is possible.

To allow the Board to comply with the pre-hearing notice requirement of Section

27(b)(2),

the Board requests that you expedite your consideration of this issue

. The

Board would appreciate your initial response on or before March 15, 2006, and that

any study be filed no later than April 1, 2006 .

If I, or my staff, can provide you with any additional information, please let

me know

. While the Board can proceed to hold hearings while awaiting your

decision, the Environmental Protection Act does not allow the Board to complete its

rulemaking process without your Department's input

.

Thank you for your early response .

Sincerely,

G. Tanner Girard

Acting Chairman

Pollution Control Board

Cc : Dorothy M. Gunn, Clerk

Erin Conley, Rules Coordinator